BARTENDER THEFT – Bartender not ringing drinks, employee alcohol consumption, free drinks, ADLLC Violations, dram shop and liquor liability issues, employee alcohol consumption, security guard alcohol consumption..

 

Bartender Summary

  • Bartender 1- XXXXXXX xXXXXXX, in her early thirties, with long xXXXXXX hair and a slim build.  She wore a xxxx xxxx hat, a teal tank top, and jean shorts.  She had visible tattoos on her XXXX and XXXXX XXXXXXXX.
  • Bartender 2- XXXXXXX xXXXXXX, in her late twenties, with short curly xXXXXXX hair and a petite frame.  She wore a xxx cowboy hat, a black tank, black jacket, jean shorts, and knee high xxxx socks.
  • **Off Duty Bartender- XXXXXXX xXXXXXX, in her early thirties, with medium length XXX hair and XXXXXXXXX.  She was approximately 5’5” in height, and wore a black XXXXXXX XXXXX sweat suit.  Possibly a manager, as she had keys to the registers and used them several times.

Agent and Associate took a seat at the bar, and were quickly greeted by Bartender 1.  Bartender 1 did not offer her name at any time.  She placed cocktail napkins on the bar top, and asked for a drink order.  Bartender 1 seemed very knowledgeable of the drink specials offered.  

She was very friendly and personable with all the patrons at the bar, though it seemed easier to get her attention if one was a “regular.”  There were several instances in which Agent and Associate had empty glasses for several minutes before being noticed by a bartender.  Agent recommends employees implement the 75% rule, in which employees offer additional beverages to patrons whose drinks become less than 75% full.  This will prevent customers from being left without a beverage, as well as possibly boosting sales.  

Agent also noted that Bartender 1 used cash from the tip jar to make change for a customer.  Agent recommends employees refrain from handling cash in the tip jars in order to prevent confusion or the mishandling of monies.

When preparing the beverages, Bartender 1 used the designated ice scoop.  Her pour count was inconsistent throughout the evaluation, as it varied from as little as a two count, to as heavy as an eight count.  Agent suggests all employees use a constant 1 ½ ounce pour to maintain consistency and accuracy among all prepared beverages.

She was fairly consistent in entering beverages into the POS after preparation. There were, however, several instances which warrant the managers’ attention:

At 4:26 PM Bartender 1 prepared six shots of honey-colored liquor from a chilled bottle.  She walked five of the shots over to Off Duty Bartender, and left the sixth shot next to the POS system.  At no time did she attempt to enter the shots into the POS system.

At 4:36 PM Bartender 1 acknowledges a male customer with who she is familiar with.  She mixes him a cocktail and places it in front of the man.  He asks what the beverage is, since he did not give a verbal order.  She explains the drink and does not make an attempt to enter the beverage into the POS or collect any money.

At 4:42 Bartender 1 prepared an eight count Vodka and Redbull in a Styrofoam cup that Security 1 had been drinking from.  Agent found this disturbing for several reasons.  This is an excessive pour, as it was in excess of 3 oz of alcohol.  Preparing an alcoholic beverage in a Styrofoam cup can lead to the beverage being removed from the premises, whether on purpose or accident.  Security 1 was still on duty at the time and is an ADLLC violation.  This beverage was also not entered into the POS system which is a bartender theft occurrence.

TITLE 4, CHAPTER 3

4-244. Unlawful acts

12. For a licensee, when engaged in waiting on or serving customers, to consume spirituous liquor or for a licensee or on-duty employee to be on or about the licensed premises while in an intoxicated or disorderly condition.

At approximately 5:15 PM Bartender 1 gave a bottle of Bud Light to a male customer, and did not make an attempt to enter the beer into the POS system.

Bartender 2 seemed preoccupied (mostly with her cell phone), and offered most of her attention to the Off Duty Bartender and her friends.  When preparing her beverages, she did use the designated ice scoop to retrieve drinks from the well.  Her pour count was also inconsistent.  Though most of her beverages were prepared with the accurate four count (1 ½ ounce) pour, there were several instances in which singles were ordered but doubles were prepared.

Agent was also concerned with the placement of Bartender 2’s bottle opener, as she stored it in between her shorts and bare bottom.  This is an AZ Health Code violation, as well as unprofessional.  Agent recommends bottle openers be stored in the pocket or attached to a retractable clip on the pants.

Agent was very concerned with Bartender 2’s inconsistency in entering beverages into the POS.  Several instances in particular stood out, and are listed below.

At 4:16 PM Bartender 2 prepared a Crown Royal cocktail in a Styrofoam cup for a customer.  The customer had already been drinking from this cup, so Agent assumed this was not the first cocktail prepared in the Styrofoam container.  The customer, dressed in all black attire, then walked around on the patio, as well as on the side walk outside of the establishment, with the cup.  This is an AZ Liquor Code violation, as open containers holding alcohol are not permitted to be removed from the premises.  Furthermore, Bartender 2 made no attempt to enter the beverage in the POS system which is a bartender theft occurrence.

TITLE 4, CHAPTER 3

4-244. Unlawful acts

31. For a licensee or employee to knowingly permit spirituous liquor to be removed from the licensed premises, except in the original unbroken package. This paragraph shall not apply to a person who removes a bottle of wine which has been partially consumed in conjunction with a purchased meal from the licensed premises if the cork is reinserted flush with the top of the bottle.

At approximately 4:20 PM Bartender 2 prepared three Vodka Redbull cocktails, and gave them to friends of the Off Duty Bartender.  She did not attempt to enter the cocktails after delivering the drinks.

At 4:25 PM Bartender 2 handed a Bud Light Bottle to a male customer, and did not move to the POS system to enter it.

Around 4:30 PM Bartender 2 prepared three yellow shots (Agent assumed they were White Gummi Bears).  She handed them to a group of customers at the bar. The patrons asked what they were, as if they had not ordered them. After drinking the shots, patrons thanked Bartender 2 and gave her “high-fives.”  Though Bartender 2 eventually migrated to the POS, Agent was unable to confirm if the shots were entered, as other beverages had been prepared and delivered in between that time.

Both Bartenders’ 1 & 2 habitually played on their cell phones in blatant view of customers.  Though Bartender 2 only used her phone while stationed at the POS, Bartender 1 used her cell phone near the POS and in front of customers while conversing with the patrons.  They seemed to be texting and playing on their Facebook sites.  Agent felt this to be extremely unprofessional.

At the end of the evaluation, the check was placed in a clean presenter, though it did have an error.  (Please refer to Beverage Summary for further details.) Bartenders 1 & 2 thanked Agent and Associate and said goodbye.

Agent did not witness either bartender drinking or smoking, though Bartender 2 seemed to be consuming cough drops.

 

Security Summary

  • Security 1- XXXXXXX male, in his mid-thirties, with XXXXX XXX hair, a XXXXX, XXX, and thinly XXXXX XXXX.  He had a large, muscular build, and wore a black staff shirt under a XXXXXXXXt.

Upon approaching the establishment, Agent and Associate were nonchalantly stopped by Security 1 and asked for identification.  He did not use Agent and Associate’s name when observing the identification. Security 1 seemed unfriendly, and did not tell Agent and Associate to enjoy the visit, or anything at all for that matter.

As previously mentioned in Bartender Summary, Agent witnessed Security 1 drinking Vodka Redbull while working.  This is very unprofessional, as well as a safety risk and against the law. This is a dram shop issue that should be addressed by management.  If the security staff is intoxicated, they are unreliable for maintaining safety and upholding liquor laws, not to mention should something terrible happen and it is discovered that security was alcohol impaired, it could lead to a serious dram shop problem.

TITLE 4, CHAPTER 3

4-244. Unlawful acts

12. For a licensee, when engaged in waiting on or serving customers, to consume spirituous liquor or for a licensee or on-duty employee to be on or about the licensed premises while in an intoxicated or disorderly condition.

Security 1 seemed very distracted by the patrons congregating on the patio. Security 1 spent a majority of the evaluation visiting with the customers, and Agent did not note any time in which Security 1 walked through the bar to monitor the situation.  Agent only noted a handful of times in which he actually entered the facility, and that was to get a refill on his cocktail and to check the score of the game.

When Agent and Associate left, Security 1 did not acknowledge the departure.



Beverage Summary

DO NOT POST THIS SECTION TO STAFF

SPOTTER ANONYMITY WILL BE COMPROMISED

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XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX

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XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX

XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX

XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX

XXXXXXXXXXXXXXXXXXXXXXXXXXX

XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX

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Lastly, Associate ordered a XXXXXXX from Bartender 1.  The XXXXX was served ice cold and was full-flavored.  This beer, however, was not entered into the POS system after delivery, and was not on the final tab. Giving away alcohol drinks to a trained bar theft spotter, without prompting,  leads that Agent to assume that a serious problem or culture of theft exists at this establishment.

 

Management Summary

  • Off Duty Bartender/Manager- XXXXXXX xXXXXXX, in her early thirties, with xxxxxx and xxxx xxx.  She was approximately xxxx in height, and wore a black XXXXXXX xxxxx sweat suit.  Possibly a manager, as she had keys to the registers and used them several times.

Though it did not appear that there was a manager on duty, there was an off duty employee that Agent surmised to be a manager. Agent was deeply concerned by the woman’s behavior during the evaluation.  Off Duty Bartender/Manager was seated on the xxxend of the bar on the xxxx when Agent arrived.  It was clear that she had already been drinking, as there were several cocktail glasses in front of her, one of which she was drinking from. (A pint glass containing an orange colored cocktail.)

Shortly after Agent arrived, Agent noticed Off Duty Bartender/Manager get up from her bar stool and walk around to the server’s station.  She then bent underneath the bar and started to handle the register.  Agent found this inappropriate, as no cash handling should be done by someone under the influence of alcohol.  Approximately fifteen minutes later, she returned behind the bar and pulled out the cash drawer again.

Around 4:20 PM Agent heard a yell coming from the Off Duty Bartender/Manager’s direction.  Agent witnessed the off duty employee crawl up onto the bar and start smashing glass beer bottles into the trash can.  Agent could not believe the behavior of the off duty employee.  Regardless if the woman was a manager or not, this makes for a very unprofessional appearance.

Off Duty Bartender/Manager remained drinking at the bar the entire evaluation.  Many of the free drinks Agent witnessed bartenders giving away went to Off Duty Bartender/Manager’s party.

Because the manager performed an “Act of Working” in the eyes of the law that would be considered on duty and had this Agent been an ADLLC officer this would have been an ADLLC violation.              

TITLE 4, CHAPTER 3

4-244. Unlawful acts

12. For a licensee, when engaged in waiting on or serving customers, to consume spirituous liquor or for a licensee or on-duty employee to be on or about the licensed premises while in an intoxicated or disorderly condition.

BARTENDER THEFT:

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